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May 2019 Archives

Hotel owners, bedbug prevention and premises liability

Most states do not have laws requiring hotel owners to maintain a bedbug-free environment. New York laws only address the issue of bedbugs in public schools. However, hotel owners still have a duty of care to their tenants, and keeping bedbugs out is implicit in that duty. This duty of care is crucial to the concept of premises liability. Therefore, hotel owners who wish to avoid premises liability claims will want to know what the duty encompasses.

Compensation after a fatal subway accident in New York City

Mass transit offers a host of benefits. It reduces the environmental impact of people's individual commutes. That means less smog and less fossil fuel consumption. It reduces the number of personal vehicles that have to run on city streets, easing congestion and traffic. It also provides a way for people to interact on a daily basis.

Fatal school bus accident prompts legislative effort

A New York congresswoman is one of the lawmakers sponsoring a bill that would stiffen the background check requirements for school bus drivers. The Miranda Vargas School Bus Driver Red Flag Act is named after a 10-year-old girl who was killed in a deadly school bus accident in May 2018. Republican Elise Stefanik, who represents New York's 21st congressional district, says that parents should not have to worry about safety when they drop their children off at school bus stops.

Skateboarding injuries and liability

New York residents should know that skateboarding, being an inherently unsafe activity, is regulated by both state and local ordinances. They usually go under traffic laws but can also be included under health and safety codes, and they will likely be similar to those laws governing bicyclists and pedestrians.

Trampoline parks see more severe injuries than home trampolines

According to the U.S. Consumer Safety Commission, an estimated 100,000 emergency department visits in 2014 were the result of trampoline injuries. Since then, recreational trampoline parks and jump parks have risen in popularity, and these may be contributing to an increase in injuries. New York residents should know that, contrary to what park promoters say, the relative safety of these parks has not been adequately gauged yet.

Dodger Stadium assault victim files suit, mediation scheduled

A judge has referred to mediation a lawsuit regarding an assault that occurred right after a 2015 game between the New York Mets and Los Angeles Dodgers. The plaintiff claims that he was assaulted at Dodger Stadium back and that his injuries could have partly been prevented had the area just outside the stadium gates been more well-lit and secure. In 2017, he filed a lawsuit against Los Angeles Dodgers as well as two individuals, a 52-year-old woman and her son.

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